Key Benefits:
Law of 7 March 1991, laying down new provisions on funeral services
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down new legal provisions on funeral services;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
Funeral services shall be carried out by burial, cremation, or by other means provided for in or under the law.
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Body: the body of a deceased or stillborn;
b. Cull-born: the human fruit that has been inanimate in the world for at least 24 weeks, after a period of pregnancy.
2 This Act does not apply to a human fruit which after a pregnancy period of less than 24 weeks
a. lifeless to the world has come or
b. has died within 24 hours of the birth.
Autopsy is done, as soon as possible after death, by the treating doctor or by a municipal coroner.
Mayor and aldermen give the opportunity to look like bodies. They appoint one or more municipal coroners.
Only doctors who are registered as a forensic doctor in a register held for that purpose shall be appointed as municipal coroner.
1 A municipal coroner shall not act as such if, for the last two years, he has performed in respect of the deceased or the mother of the death-------------------------------------acting blood or adage to the third degree, marriage or registered partnership existed or exists.
2 The attending physician shall not act as a medical examiner if he or the deceased or the mother of the death-born blood-or on-the-birth relationship existed or exists in the third degree or in a registered partnership.
1 He who has carried out the spectacle shall issue a declaration of death if he is satisfied that death has occurred as a result of a natural cause.
2 If death resulted from the application of life termination upon request or assistance in self-dothing as intended in Article 293, second paragraph , below Article 294, second paragraph, second sentence, of the Penal Code The investigating doctor shall not issue a declaration of death and shall, by completing a form of information to the municipal medical examiner or one of the municipal coroners, without delay inform the doctor of the cause of the death. In the communication, the doctor inserts a reasoned report on compliance with the due diligence requirements. Article 2 of the Law Review Act on the termination of life upon request and assistance in case of self-extinguage .
3 If, in cases other than those referred to in paragraph 2, the doctor considers that he is unable to issue a declaration of death, he shall without delay inform the municipal authorities of any form of such death. Coroner or one of the municipal coroners.
1 A registration number shall be affixed to the box or to another shell of the body, corresponding to the number indicated on an attached document, which shall also contain the names, dates of birth and death of the deceased or the person concerned. germ name of the stillborn, after it is established that the document relates to the body.
2 To burial or cremation, do not take over after the holder of the cemetery or of the crematorium has established the agreement between the registration number indicated on the casket or the casket and the number, listed on the document, Referred to in the first paragraph.
3 If there is reason to believe that the data on the document or on the casket or the casing are not correct, it shall, if possible, find the identification of the corpse by two persons who have known the deceased person by life, in the presence of the keeper of the cemetery or of the crematorium.
1 The form and furnishing of the models of the declaration of death, to be issued by the treating physician and by the municipal coroner, are regulated by general administrative action.
2 The format and layout of the models of the communication and the report referred to in Article 7, second paragraph , of the communication referred to in Article 7, third paragraph and of the forms referred to in Article 10, first and second paragraphs , are regulated by general management measures, on a proposal from Our Minister of Justice and Our Minister of Health, Welfare and Sport.
If the municipal coroner considers that he is unable to issue a declaration of death, he shall, without delay, report to the Public Prosecutor by filling out a form and shall immediately inform the official of his from the civil stand.
2 Without prejudice to the first paragraph, the Municipal Medical Examiner shall, if a communication is referred to in Article 7, second paragraph , by completing a form without delay of a report to the Regional Review Board referred to in Article 3 of the Law Review Act on termination of life upon request and assistance in case of self-extinguage . He sends the reasoned report as referred to in Article 7, second paragraph -I'm in.
1 Where the sight of the sight is: Article 7, first paragraph In the case of a minor, and has been performed by the investigating physician, it shall issue a declaration of death only after consultation with the municipal coroner.
2 The municipal coroner may, after having scouted the minor, by derogation from Article 10, first paragraph , take care of a closer examination of the cause of death. A further investigation shall not be carried out if the coroner suspects that the death is the result of a criminal offence.
3 The practitioner and other aid workers concerned shall provide the municipal medical examiner responsible for the investigation, at the request of which he shall have the information or copies of documents relating to the minor deceased, which he/she shall be informed of. be considered necessary in the context of the further investigation. The coroner is using the information exclusively for the purpose of determining the cause of death.
4 After the examination, the coroner shall issue a statement of death or report without delay to the Public Prosecutor by completing a form and shall without delay inform the official of the civil status.
No burial or cremation of a body shall be carried out without written leave from the civil servant of the civil status, which shall be issued free of charge. The form for this leave shall be established by Our Minister of the Interior and Kingdom Relations.
Without prejudice Article 2, second paragraph , can be a human fruit as intended that Article be buried or cremated provided that a statement from the treating physician is submitted, showing that it is a human fruit as intended that Article is.
Civil servant of civil status shall not grant a leave of burial or cremation if he does not have a declaration of death, issued by the treating physician or a municipal coroner or a certificate attestation of death. of no objection from the officer of justice against burial or cremation. If the D.A. in the cases referred to in Article 7, second paragraph , does not mean the issue of a statement of no objection to burial or cremation, he proposes the municipal coroner and the Regional Review Board. Article 3 of the Law Review Act on termination of life upon request and assistance in case of self-extinguage , it shall be notified immediately.
1 At the same time as the issue of the declaration of death, referred to in Article 12 , the doctor must state the cause of death and the information immediately associated with it for the purpose of statistics.
2 If a corpse is buried, cremated, parsed, embalmed or subjected to any other conservation operation under a statement of no objection as intended. Article 12 , the task is to be given by a doctor appointed by the D.A.
3 The declaration referred to in paragraphs 1 and 2 shall be made on a form to be determined by our Minister for Health, Welfare and Sport and shall be sent as soon as possible to the civil servant of the civil status in a closed envelope. A voucher shall be attached to this envelope, which shall indicate the identity of the deceased. The official of the civil service shall send the envelope without notice, as far as possible with the death certificate number, in accordance with time limits to be made by the Secretary of State referred to in this paragraph. to the chief medical inspector of public health. Our Minister referred to in this paragraph may stipulate that these envelopes will be sent directly to the medical officer of the Central Bureau of Statistics.
1 The following Article 12 the documents submitted shall be attached to the act of death.
2 In the absence of a deed, the documents submitted shall be retained by the official of the civil status of the place of burial or cremation.
1 For the purposes of this Chapter, the competent prosecutor shall be deemed to be the competent civil servant of the civil status of the place where the deceased or the person to whom he/she is born pursuant to declaration is in the register. has been entered in the register.
2 In the absence of an act, the Public Prosecutor and the civil servant of the place of burial or cremation shall be competent to act.
We may, by general measure of administration, grant derogations from the provisions of the paragraphs 1 , 2 and Point 3 of this chapter with regard to corpIs, which are brought into the Netherlands.
Burial or cremation is carried out not earlier than 36 hours after the death and no later than the sixth working day following the death.
1 After hearing a doctor, the mayor of the municipality, where the body is located, may set a different period for burial or cremation thereof. However, burial or cremation within 36 hours of death, he does not allow it to be in accordance with the district attorney.
2 Of the decision of the mayor is open within 24 hours to our Commissioner in the province, who immediately decides on that. The General administrative law does not apply.
1 In the body delivery is provided by the person, who Article 11 He/she shall apply for such leave or by the person who may reasonably be deemed to have entered his place of business. The funeral services shall be made according to the deceased's wish or probable wish, unless it is not reasonably possible to do so.
2 Under body delivery, for the purposes of this paragraph it is understood to give destination to the axis of a cremated corpse.
1 An adult, or he who has reached the age of sixteen, may, even if he is not competent to make a final wish, either by a notarial deed or a handwritten, signed and signed declaration. take decisions after dead making for delivery of his corpse.
2 A revocation of final decisions taken in general terms shall be deemed not to be a revocation of a wish expressed earlier, as referred to in the first paragraph.
In the event that no one takes action until such time as autopsy or funeral services in accordance with the law, the person who has the body shall warn the mayor and, at the latest, on the third day following the death.
1 If no one provides for the autopsy and funeral services according to the law, the Mayor shall be responsible for this. On Chapter V in that case no application shall be made unless the deceased has his body expressly provided for decomposition.
2 If the application of the preceding member is prevented by the corpse being in a dwelling and refusing to grant the corpse or access to the property, the mayor or a police officer shall have access to that dwelling. without the permission of the occupant, to the extent that it is reasonably necessary for the performance of their duties.
3 If the identity of the corpse cannot be determined, the mayor shall, solely for the purposes of identifying and tracing missing persons, ensure that he/she shall be responsible for it by or under the responsibility of a doctor Body material is decreased.
4 If necessary, body or dental status may also be carried out under the responsibility of a doctor, or may be taken by a competent police officer from the printing of body parts.
5 The third and fourth paragraphs shall not apply if it is known to the Mayor that the said acts have already taken place on the instructions of the Public Prosecutor.
6 a body as referred to in the third paragraph shall be buried.
The costs connected with the delivery of corpts for which the mayor is responsible, including bodies made out of the sea, shall be borne by the municipality. To the extent that they cannot be covered by the goods or funds belonging to other persons who appear to be present, the municipality may refer to the estate and, in the absence of such information, to the blood and the blood. Relatives, who, by virtue of the Articles 392-396 of Book I of the Civil Code would have been required to maintain the deceased, or the shipower if and to the extent of the cost of the funeral services on the basis of Article 416 Commercial Code will be for the account. section 6.5 of the Participating Act shall be applied mutatis mutandis as far as possible.
1 If a corpse is infected with an infectious or toxic agent or an infectious or toxic agent, or a grounded suspicion exists, causing a serious public health risk, the mayor may, after receiving advice from the disease. municipal health service, intended in Article 17 of the Public Health Act , take measures to avert this danger.
2 With the supervision of compliance with the provisions of paragraph 1, officials of the State Supervision shall be responsible for public health.
1 Burial is done in a cemetery.
2 Burial is carried out in a general grave, where the keeper of the cemetery determines who is buried therein, or in a private grave, being a grave on which an exclusive right is established, where the rightholder determines who is in it shall be buried.
The cemeteries are distinguished in municipal and special.
It shall be prohibited to make available or use as such a cemetery, which has not been established or deployed on the basis of or in accordance with this Law.
No access or entrance from a grave or burial cellar may be located or laid out in a church or other closed building, which is not exclusively buried.
1 The keeper of a cemetery holds a register of all corpIs buried there, with an accurate indication of where they are buried.
2 The register referred to in paragraph 1 shall be public.
3 The register of a special cemetery shall be transferred to the archives of the municipality in which that cemetery was situated, upon the removal of that cemetery.
At least six months and no more than 12 months before the expiry of the time limit for issuance of a general grave, the holder of the cemetery shall notify the person concerned in writing to that grave whose address is known to him.
1 An exclusive right to a grave, whatever form is given to this right, may be established in writing only. The right may be granted for an indefinite period of time or for a specified period of time of at least 10 years.
The right granted for a specified period of time shall be extended on request, provided that, within two years before the expiry of the time limit, the holder of the cemetery may provide that a period of extension is not shorter than that of the holder. than five years and no longer than twenty years. The exclusive right to a grave is not a registry property.
2. Within one year of the start of the period in which the extension of the duty may be requested, the holder of the cemetery shall inform the holder of his/her address of his/her address, in writing of the expiry of the period and of the period of expiry of the period of application of the right to vote. Certain of the first paragraph.
3 If not within three months of the date of dispatch of the notice referred to in paragraph 2, the holder of the cemetery shall publish the communication to the grave and at the entrance to the cemetery, until the date of dispatch of the notice. the end of the period for which the duty was established.
4 In the event of obvious neglect of the maintenance of a private grave, the keeper of the cemetery, to the extent that the duty of maintenance is not with him, may record this neglect in a written statement, which he empowers to the rightholder, which provides for maintenance within one year of receipt.
5 If the receipt of the declaration referred to in paragraph 4 is not confirmed, the holder of the cemetery makes the statement known to the grave and at the entrance to the cemetery, for a period of five years or until that period is foreseen in the maintenance period.
6 If application is given to the fourth or fifth member and is not provided for in the maintenance of the tomb, the right to the grave shall lapse when the period of one or five years, as referred to in the fourth and fifth paragraphs, is to be applied. has expired.
7 If the right to the grave has not been established for a period of ten years at the time of the expiry of the period referred to in paragraph 5, the publication shall remain in force until the period of 10 years has expired or until that period has elapsed in the period covered by the paragraph. maintenance is provided. If not previously provided for in the maintenance of the tomb, the right to the grave shall expire as soon as the 10-year period has elapsed.
1 A body is only exhumed with the authorization of the mayor of the municipality in which it is buried, and, if it is a private grave, with the permission of the rightholder on the tomb.
2 The mayor shall make the necessary provisions relating to medical surveillance and transport and destination of the body.
3 An excavated corpse may be cremated when requested by the person in question. Article 18 person referred to. The paragraphs 1 , 2 and 3 of Chapter II Do not apply to the cremation.
4 Cremation within one year of burial is only taking place with written leave from the district attorney of the place of excavation.
Article 29 does not apply to any excavation following an order from a judicial authority for the purposes of a criminal investigation.
1 Article 29 does not apply either to the culling of graves, to the extent that this is done in compliance with the provisions of this Article or in accordance with this Article.
2 The culling shall not take place than at the expense of the holder of the cemetery and after ten years after a dead body is last placed in the tomb and, if it is a private grave, with the permission of the holder at the grave.
3 The remains of the corps are ordered in a cemetery on earth or, with corresponding application of the alleged Article 29, third paragraph She was cremated in a crematorium.
4 Appointed States may decide to extend the period specified in the second paragraph. The decision shall enter into force immediately.
5 At least two months before a grave of an unknown is culled, the keeper gives the mayor knowledge thereof. The mayor is competent, solely for the purpose of identifying the unknown and tracing of missing persons, from the remains of the unknown by, or under the responsibility of a physician, to take off bodily material or to draw up dental status. If the mayor makes use of that authority, the extension shall be suspended at least until the result of the attempted identification is known, after which a subsequent entry into the body may provide for the removal or the depopulation may be extended. complete.
In the case of a general measure of administration, rules may be laid down concerning the manner of burial, the establishment of the tomb, the distance of the graves among themselves, the culling of the graves, the removal of grave monuments and the terearth order of the remains of the dead bodies.
During the period that a grave must not be culled, Article 20, first paragraph, introductory sentence and under e and f, of Book 5 of the Civil Code does not apply to what is placed on that grave or on the building or work in which the tomb is located, or, if buried in a burial cellar, on what is placed therein or thereon.
A municipality has, for itself or with one or more other communes together, at least a municipal cemetery, except where the Member States have granted temporary exemption from that obligation.
At least every day which is not a Sunday or generally recognised public holiday, is an occasion to be buried for a reasonable period of time, by municipal ordination.
1 A municipality is required for the construction or extension of a cemetery in the territory of another municipality of the council of the latter.
2 The competent authority of that cemetery shall be exercised by the relevant municipal council in accordance with that of the other municipality.
3 No such agreement shall be obtained than the Member States shall adopt the Regulations. If the communes are in different provinces, then these determination by the Member States of the relevant provinces shall be heard.
1 A special cemetery can only be built and maintained by a church or by a legal person governed by private law or by a natural person.
2 The term "Society" shall be understood to include a part thereof or a legal person, established by one or more denominations or parts thereof.
A church is entitled to have one or more ecclesiastical cemeteries up to such a vastness, as it corresponds to a reasonable part of the land, which is intended for cemeteries in the congregation. The city council can authorize a church society at its request to have more or larger cemeteries, without prejudice to the right of the other denominations, which are intended in the first sentence.
1 In so far as a church denomination does not make use of the jurisdiction, Article 38 A section of the municipal cemetery is being made available at his request by mayor and aldermen.
2 The municipality shall remain in charge of the management, maintenance and administration of the municipality. About the establishment, the separation and the use of said part of the cemetery, as well as the application of the Articles 35 , 43 and 44 The church is in agreement with the church.
1 For the purpose of establishing or expanding the special cemetery, only the land designated for that purpose by the Municipal Council shall be used.
2 Mayor and aldermen may prescribe measures which are necessary in order to make the land suitable to serve as a cemetery.
3 If the Society is not an owner of the necessary land, then mayor and aldermen, on request, shall be responsible for the fact that the Society, having regard to the State in which the latter is to be a member of the latter, shall, on a reasonable basis, can acquire ownership conditions. If mayor and aldermen and the church cannot reach agreement, then deputed states determine, at the request of either of them or both, the terms and conditions.
The permission of the mayor and aldermen is required for the use of the special cemetery or part of it. This authorisation shall be refused only if the legal provisions have not been complied with.
1 Of the decisions of the municipal council, of the mayor and of aldermen, taken pursuant to this paragraph, is open to interested parties to appeal to the Member States. The pronunciation of deputed states may be suspended and destroyed by Us for violation of law or public interest.
If the municipal council, acting as mayor and aldermen, continues to fail to take a decision, the Member States shall, upon request, determine a period within which such decision shall be made. If such a decision has not been taken before the end of that period, the municipal council shall be deemed to have been dismissive of the municipal council, the deputy mayor and the alderankers.
1 A cemetery can be closed.
2 For a municipal cemetery, mayor and aldermen take the decision to do so.
3 Of the closure of another cemetery, the mayor and aldermen must be informed.
If no burial has been carried out in a cemetery for ten years, mayor and aldermen may declare the cemetery closed. The cemetery is considered to have been closed as from the day after the last burial. This day is mentioned in the decision of mayor and aldermen.
1 Against a closing or declaration of declaration, interested parties may appeal to the Member States in respect of which the decision is taken.
2 If irrevocable has been decided on the closure or the declaration of a municipal cemetery, deputed States may, at the request of the rightholder on a private grave in which they can still be buried, pay determination of the relevant municipality in respect of the destruction of the duty to burying.
1 In a closed cemetery, no bodies are buried.
2 The cemetery remains, without prejudice to the provisions of Articles 29-31 and 66 , lying untouched for twenty years.
In the case of a private grave, the land may, with the consent of the rightholder, for 10 years from the expiry of the period specified in the second paragraph, or, if it has been applied to Article 31, fourth paragraph After the expiry of the period laid down by that provision, only be used for the purposes of settling or planting, provided that no further than 0,5 m is dug. Deputed states can permit excavation for more than one depth.
4 A private grave, located in a closed cemetery, is left untouched, as provided for in maintenance.
A cemetery is to be on this, if the land has lost that destination and there is no grave in it.
Under the cemetery, the application of this law means a part of a cemetery.
Cremation is in a crematorium.
1 The holder of a crematorium keeps a register of all the bodies there cremated and of the destination that is given to the axle. A general measure of management shall lay down detailed rules on the data to be recorded in the register.
2 The register referred to in paragraph 1 shall be public.
3 The register of a special crematorium shall be transferred to the archives of the municipality in which this crematorium was situated at the time of the lifting of the crematorium.
1 The crematoria are distinguished in municipal and special.
2 It shall be prohibited to bring into force or hold a crematory, which shall not be established on the basis of or in accordance with or pursuant to this Law.
A special crematorium may only be established and kept in operation by a denomination or by a legal person governed by private law or by a natural person. Article 37, second paragraph , is applicable.
The establishment, extension or amendment of a special crematorium needs to be authorised by mayor and aldermen.
A decision to establish a municipal crematorium or a permit for the establishment of a special crematorium shall not be taken after the mayor and alderman of the commune of establishment of the establishment of a particular crematorium is not taken. have notified them of their intention to do so at least 30 days in advance.
1 Of a decision taken pursuant to Article 53 It is open to interested parties to appeal to Member States.
2 If mayor and aldermen remain negligent of taking a decision as referred to in Article 53 the Member States shall determine on request a period within which such time limit shall be made. If such a decision has not been taken before the end of that period, the mayor shall be deemed to be dismissive of the mayor and shall be deemed to be dismissive.
At least every day which is not a Sunday or generally recognised public holiday, shall be given in a municipal crematorium to hold cremation ceremonies for a reasonable period of time, by municipal ordination.
We can regulate the creation of crematoria and what needs to be taken into account in the crematoria and on their own by general management of the administration.
1 After the cremation, the holder of the crematorium houses the shaft.
2 The axle shall be stored in one or more axle boxes. An axle box is closed and on the bus the name and the penletters of the deceased, as well as a registration number, are listed.
3 A part of the axle may be stored in a different manner upon request of a naexisting, and made available to the existing one.
1 The holder of the crematorium carries care for the preservation of an axle box for a minimum of one month after the mountains of the axle in the bus.
2 The proprietor of the crematorium shall subsequently ensure that:
a. the axle box is being added,
b. The ash contained in the axle box is scattered,
c. The axle box is made available to the naexisting by or on whose behalf the order has been given until the cremation; or
d. the asbus is sent abroad.
3 The crematorium holder may transfer to a holder of another crematorium or place of adjustment, for the purposes of paragraph 2 (a) or (b), the axle box in the presence of another crematorium or an attachment to a keeper of another crematorium.
4 At the request of the in Article 18 Persons referred to may be referred to as the D.A. Article 14 , in special cases, waive the period specified in the first paragraph.
1-axle foreign-derived ashes shall be placed in one or more axle boxes, in order to contract a post-existing. The mountains are made by the holder of a crematorium. Article 58, second and third paragraphs , shall apply mutatis mutandis.
2 The naexisting carries the care of an axle box. He shall be responsible for the preservation of an axle box for a minimum of one month from the date of import of the axle. Article 59, fourth paragraph , shall apply mutatis mutandis.
Detailed rules may be laid down for general measures of management as regards the storage, destination and preservation of the axle.
1 An axle box can be added:
a. In a part of the crematorium intended for that purpose,
b. In or on a grave or at a separate place in a cemetery, or
c. In a custody place located outside a crematorium or cemetery.
2 The adjustment shall be made for the execution of: Article 59, second paragraph, point (a) , or in order of the naexisting which has the care of the asbus.
3 The deposition of an axle box in or on a private grave may be carried out only with the permission of the rightholder on the tomb.
1 An axle box which has been added may be made available to the post holder at the request of the naexisting by or on whose behalf the attachment order has been issued.
2 Removal of the axle box can only take place with the consent of the rightholder on the area where the axle box is attached.
3 Removal may take place without the consent of the rightholder, following an order by a judicial authority for the purpose of a criminal investigation.
1 A place of custody as intended Article 62, first paragraph, point (c) , is not put into use than with the authorization of mayor and aldermen.
2 Against a decision as referred to in paragraph 1, interested parties may appeal to the Member States in issue.
1 The holder of a place of continuation shall keep a register of all the axle boxes attached there. A general measure of management shall lay down detailed rules on the data to be recorded in the register.
2 The register referred to in paragraph 1 shall be public.
3 The register shall be transferred to the archives of the municipality in which that place of deposit was removed from the place of addeposit.
1 Clearing of an axle box shall be carried out by or on behalf of the holder of the deposit position and shall not take place within 10 years of the axle in the bus than with the consent of the rightholder in the area where the axle box has been added.
2 The removal of the ash shall be carried out by scattering of the axle.
1 The ash in an axle box can be scattered.
2 The scattering shall be carried out:
a. for the execution of Article 59, second paragraph, point (b) ,
b. by or by order of the naexisting which has the care of the asbus; or
c. In connection with the clearing of the axle box.
3 The scattering of the ash by or on the order of the holder of a crematorium or the holder of a place of invert is only permitted:
a. In an area intended to scatter as a permanent axle;
b. in the open sea.
The destination of an area to permanently scatter ashes by the holder of a crematorium and the holder of a deposit location shall not take place than with the authorisation of the mayor and aldermen of the municipality in which the site is situated.
1 A corpse can be parsed in the interests of science or scientific education.
2 Decomposition shall be carried out only if the deceased person has his body. The Article 18, first paragraph, second sentence , and 19 shall apply.
3 In the absence of a destination of funeral services by the deceased person, partaking may also be carried out if the spouse, the registered partner or other person, does not have a separate spouse, a registered partner or a person in the absence or otherwise of the person who is not on the table. Unreachability of these, the nearest immediate adult blood or relatives up to third degree, or, if they are unreachable, the adult inheritors present or else those who care for the body Take it, to this end.
1 Draws shall be made only by written leave of the Mayor. The leave shall be issued free of charge within three days and shall state the place of decomposition. The Articles 12-15 shall be applicable mutatis mutandis.
2 Of the decision of the mayor is open to our Commissioner in the province within 24 hours, who immediately decides on that. The General administrative law does not apply.
1 Decomposition does not start earlier than 36 hours after the death.
2 This act is not carried out either by or under the supervision of a doctor.
We give, by means of a general measure of administration, rules on the manner in which the bodies of persons or of stillborn people, on board Dutch ships at sea, have come to the world, must be acted upon. The cases in which a dead body is transferred or subjected to a conservation operation shall be regulated.
1 A body shall not be embalmed or subject to any other preservative action which is not aimed at the use of parts of the body as a result of the Act on organ donation . In exceptional cases, our Minister of Health, Welfare and Sport may grant exemption from this prohibition.
The waiver shall state the manner and place of the funeral services. The Articles 12-15 shall be applicable mutatis mutandis.
2 The prohibition set out in paragraph 1 shall not apply where the body is intended for decomposition or is sent abroad.
3 Article 69 shall apply mutatis mutandis. If the body is intended for decomposition, only the second paragraph of that article shall apply mutatis mutandis.
4 By way of derogation from the first paragraph, a dead body may be subject to a preservation operation which has no more than 10 days ' effect.
5 An operation as referred to in paragraph 4 shall first be taken after it has been established that the removal of one or more of the bodies referred to in the Act on organ donation will not take place.
6 The training and competence of those who carry out the processing referred to in the fourth paragraph and the method of processing may be required by ministerial arrangement.
1 If the deceased has authorised this, his corpse may be subject to section. Article 19 shall apply mutatis mutandis, it being understood that, in the case of the declaration provided therein, it shall be sufficient to provide a handwritten signature and the day to day drawing.
2 In the absence of consent of the deceased person may replace that of the spouse, the registered partner or other person, or, in the absence or unreachability of such a person, of the person who is not on the table or bed. immediately accessible majority-year-old blood or relatives up to and including the third degree, or, if they are not reachable, of the inheritors present or otherwise of those who take care of the corpse.
1 The restrictions, set in Article 72 , do not apply:
a. in the case of an order from a judicial authority in connection with a criminal investigation;
b. Where the section is carried out at the request of the relevant Chief Inspector of the State Supervision on Public Health;
c. If the section is made at the request of the Chairman of the Examination Board for Security.
2 When application of the first paragraph, the person shall be referred to in Article 72, second paragraph Informed of that.
1 If a municipal coroner in the context of the further investigation, referred to in Article 10a, second paragraph , section deemed necessary, he may, in the absence of consent from a parent of the minor, ask the court to grant replacement permission.
2 Jurisdiction is the court of the place where the hospital or other institution in which the further investigation is carried out is located.
3 The court grants the consent, unless the interest to determine the cause of death of minors does not outweighs the consequences that would have taken place in the request for the parent.
The performance of the section shall be carried out by a medical practitioner after it has been informed in advance of the fact that the entry of death has been determined by another doctor and that they are subject to the requirements, in accordance with the conditions laid down in the Annex. Articles 72 , 73 and 74 , it is fulfilled.
1 Where signs or indications of a non-natural death are present, or where a non-natural death cannot be deemed to be excluded in connection with other circumstances, the body may not be transported with the officer's leave. of the judiciary or one of its auxiliary officers.
2 In such case, decomposition, conservation as referred to in Article 71, first and fourth paragraphs , section or removal of organs from the corpse for organ donation as intended in the Act on organ donation do not take place, or if already caught, are not continued, then with the permission of the district attorney.
3 If the officer considers a case referred to in paragraph 1, he may order a postponement of the burial or the cremation of the corpse or prohibit the cremation. As long as such a measure is in force, the body shall not be buried or cremated or cremated or cremated, nor shall the civil servant of the civil status be given leave to do so.
4 If the officer considers a case referred to in paragraph 1, he may forbid the ashes to be scattered, be made available to an afterexisting or sent abroad.
For the purposes of this Article, the competent prosecutor shall be considered to be the first person in the place where the body was first found.
The powers that Article 76 He shall also apply to the Judge-Commissioner responsible for the investigations in the case.
We propose to regulate the transport of corpIs from the Netherlands to the Netherlands and from abroad to the Netherlands in the case of general measures of management.
We propose, by a general measure, that the territorialsea and landlocked parts of the continental shelf, on which the Kingdom of the Kingdom of Souvereine have rights, and for the territory of the Netherlands, and for which the countries outside the Netherlands, in case of the case of the Dutch military authorities in the event of the implementation of an international agreement, which can be carried out on matters relating to, or to be carried out. Such rules shall as far as possible be associated with the legal provisions in force in the Netherlands.
The detention of three months or less shall be subject to penalty of the third category:
1 °. delivery, storage, transport, transport, destruction, dissecting, embalming or conserving a dead body in contraa with or contrary to what is determined by or under the Articles 11 , 23 , 25 , 29, third member , 46, 1st Member , 49 , 67 , 68 , 69, second member , 70 , 71 , 76 and 78 ;
2 °. giving leave to burial or cremation at odds with the Articles 12 and 76, third member ;
3 °. the burial, cremation, dismembering, embalming or otherwise conserving of a corpse before this is due to the application or under the Articles 16 , 17 or 69, 1st Member , certain is permitted;
4 °. Article 58 , 59 or 60 ;
5 °. the removal or culling of an axle box in violation of the Articles 63 or 66 ;
6 °. violation of a prohibition as referred to in Article 76, fourth paragraph ;
7 °. the carrying out of section or removal of parts from a corpse in violation of the provisions of the Articles 72-75 and 76, second paragraph ;
8 °. the obstructing or obstructing an autopsy or an attempt to do so.
Imprisonment of up to one month or a fine of the second category shall be punished:
1 °. infringement of the provisions of, or under the conditions of Articles 3 , 6 , 7, first and second members , 8, first and second members , 10 , 12a, first and second members , 20 , 27 , 50 , 51, second paragraph , and 53 ;
2. the refusal to issue a dead body as intended Article 21, second paragraph ;
3 °. to make available to a cemetery referred to in the Articles 25 and 46, 1st Member ;
4 °. to deploy a special cemetery or part thereof without the permission of mayor and aldermen, intended in Article 41 ;
5 °. making use of a cemetery after the closure, intended in Article 43 , or the declaration of the gesatation, intended to Article 44 , contrary to or under the terms of Article 46, second and third paragraphs ;
6 °. for the incorporation of an axle box contrary to or contrary to the conditions laid down in the Annex to this Regulation; Articles 62 , 64 and 65 ;
7 °. scattering the ash at odds with Article 66a ;
8 °. infringement of the provisions of the provisions of the Articles 32 , 57 and 61 , where expressly referred to as a criminal offence within the meaning of this Article.
The offences committed under this Act are offences.
1 The cemeteries and crematoria in use at the date of entry into force of this Act shall be deemed to have been established and opened pursuant to the provisions of this Law. A leave to establishment, extension or alteration of a crematorium already granted at that time shall be deemed to be Article 53 to be granted.
2 The exemptions in force at the time of entry into force of this Act, granted under Article 13 (1) of the Act on funeral services (Law of 10 April 1869. Stb. 65), are deemed to have been granted in accordance with Article 33 -From this law.
3 The municipal regulations on the levying of rights referred to in Articles 20, 21, 29, applicable at the date of entry into force of this Act o and 30-35 of the Law on Funeral Services (Law of April 10, 1869, Stb. 65), are deemed to be established under Article 229 of the Municipal Act ( Stb. 1992, 96).
The right to own grave, granted prior to the entry into force of this law, shall be deemed to be an exclusive right to a grave within the meaning of Article 28 to be.
If, for a grave subject to an exclusive right before 1 January 2010, a declaration of neglect as intended for 1 January 2025 is to be taken into account Article 28, fourth paragraph , as drawn up, the right shall expire, by way of derogation from Article 28 (6),
a. With effect from 1 January 2030, provided that 30 years have elapsed since the last burial in that grave or
b. At a later date at which thirty years have passed since the last burial in that grave.
If, at the time of entry into force of this Article, a grave is not authorised by virtue of that law, it shall be that time which is placed on that grave, or the building or work in which the grave is located, or, if it is buried in a Burial cellar, which is or is placed in it, and by application of Article 20, first paragraph, introductory sentence and under e and f, of Book 5 of the Civil Code has been lost to the original rightholder, in respect of that original rightholder or his successor entitled under a general title, and is from that date Article 32a of which applicable. There is no obligation to pay compensation for any damage caused by this transfer.
1 In tombs or tombstones as referred to in Article 15 of the Law of the Funeral Services (Law of 10 April 1869, Stb. 65) may be the body of the owner of that owner at the time of the entry into force of this Act and the corpts of the members of his sex. In or on such tombs and in such tombstones, axle boxes containing the axis of the corpses of the first sentence may be added.
2 On the tombs referred to in paragraph 1 and tombstones are of Chapter III applicable the Articles 26 , 27 , 29 , 30 and 31 .
1 The councils of the municipalities, on which an obligation to pay an annual indemnity in respect of the no longer taking place of burial in churches or other closed buildings, have the right to purchase this obligation. against payment of a sum, which amounts to 20 times the amount of the indemnity.
2 If the rightholder refuses to accept it or is not known or not to accept it, the mayor and aldermen may take the buyout in the Consignment Case.
1 This Act does not apply to the funeral services of members of the Royal House.
2 Our Minister of the Interior and Kingdom Relations may waive the provisions of this Act in respect of other Blood and Relatives of the King.
Any decision which is open or pending under this Law shall not enter into force as long as it is pending, without prejudice to the provisions of the Article 31, fourth paragraph .
The General Term Act does not apply to the deadlines, set in the Articles 20 and 68, 1st Member .
The power to make municipal ordinances remains in place with respect to the subject, which provides for this law, to the extent that those regulations are not contrary to this law.
The Funeral Services Act (Law of 10 April 1869, Stb. 65) is hereby repealed.
This law may be cited under the heading: Act on the funeral services .
This law will enter into force on a time to be determined by Us.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Issued in Gravenhage, 7 March 1991
Beatrix
The Minister of the Interior,
C. I. Dales
The Minister of Justice,
E. M. H. Hirsch Ballin
The Secretary of State for Welfare, Health and Culture,
H. J. Simons
Published on 4 April 1991The Minister of Justice,
E. M. H. Hirsch Ballin
